Florida Injury Lawyer Blog

Florida drivers could be banned from using cell phones or text messaging while driving if retired Fort Myers-area paramedic Jay Anderson succeeds in pushing a new law aimed at reducing serious and fatal traffic crashes on our roads.

"Stay Alive ... Just Drive!", an organization Anderson founded, was named the Outreach Effort of the Year by the Lee County Injury Prevention Coalition on the same day he learned a Fort Myers driver caused a five-car pile up because she was text messaging.

Anderson, whose organization is vocal in warning of the dangers of using cell phones and other electronic devices while driving, said the accident is yet another payment toward the growing cost of a serious problem.

Associates and Bruce L. Scheiner, Personal Injury Lawyers, which was named sponsor of the year by the injury prevention coalition but is not involved in the effort to push for the new law, urges motorists to pay attention to the road and put safety first.

"Heather's Law", named for 26-year-old Heather Hurd who died in January on U.S. 27 in a 10-car crash caused by a semi driver who was allegedly text messaging, began the lawmaking process this month when it was introduced by two state senators.

"It's very, very sad and totally preventable," said Anderson, of the crash, which claimed several lives and critically injured several others. He said Hurd was on her way to the wedding planner with her fiancé. Her parents were waiting at the wedding planner when authorities arrived to inform them of the tragedy. "People need to accept it -- these things are preventable. They are not accidents. Ninety percent of all crashes are the direct result of driver error."

Anderson said the fact that this was a semi driver accused of text messaging shows distracted driving is not limited to any one segment of society.

"It's becoming so obvious that I think it is making more people aware that it is a problem -- you can sit at any intersection and look left or right and you are going to encounter someone on a cell phone," Anderson said. "It encompasses all ages, from new drivers to people in their 80s."

While only a small percentage of bills introduced into the lawmaking process each year actually become law, Anderson is optimistic that Florida will join five other states that he said currently ban cell phone use by drivers, including New York, New Jersey, Connecticut, Washington, California and Washington, D.C.

"We are off to a good start and I think we have some great legislative support," he said.

Continue reading " Florida could outlaw cell phone use by distracted drivers in wake of fatal semi accident " »

The staff and attorneys for victims of drunk driving crashes at Associates and Bruce L. Scheiner, Personal Injury Lawyers, wish everyone a joyous New Year’s holiday and want to remind drivers of the message on dozens of the firm’s billboards throughout Southwest Florida: Enjoy the Holidays but Don’t Drink and Drive.

Law enforcement throughout the region will be out in force and there will be zero tolerance and no excuses as authorities seek to reduce the 20 fatal drunk driving crashes that occurred on Florida roads last year.

“We will be very vigilant this year as we always are,” said John Sheehan, spokesman for the Lee County Sheriff’s Office. The agency’s patrol area includes Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres and Fort Myers Beach. “We will be everywhere.”

Mothers Against Drunk Driving estimates the cost of a drunk driving arrest at $8,000 to $11,000, including fines, attorney fees and increases in auto insurance premiums.

Statistics from the Florida Department of Highway Safety and Motor Vehicles show 38 people died on Florida roads during last year’s five-day New Year’s Holiday. Twenty died in alcohol-related fatalities – a 33 percent increase over an average five-day stretch. About three people die on any given day in Florida as a result of an alcohol related traffic crash.

“We will saturate certain areas where expect more human traffic and people out having a good time,” Sheehan said. “Avoid getting in trouble with law enforcement and avoid a potentially tragic situation.”

Officer Shawn Yates, of the Fort Myers Police Department said city officers also will be out in force and are cooperating with the Cape Coral Police and the Lee County Sheriff on a sobriety checkpoint at an undisclosed location to educate drivers and remove drunk drivers from the roads.

Charlotte County Sheriff John Davenport announced there will be saturation DUI patrols out New Years Eve and New Years Day looking for impaired drivers. Deputies will be out in force to prevent drunk driving crashes throughout the county, including Punta Gorda, North Port and Port Charlotte.

“Extra patrol units of the Traffic Safety Team and road patrol deputies will be watching for those who may drink and drive, or use drugs and drive,” department spokesman Bob Carpenter said.

Continue reading " Florida authorities patrol New Year's -- attorneys urge motorists to prevent drunk driving " »

Older motorists drive less but have a higher per-mile chance of a serious car accident or fatal crash as they age, according to a study released this month. But the report also found some good news for Southwest Florida, which has one of the oldest populations in the United States: Fatal car accidents involved 21 percent fewer senior citizens over 70 than a decade ago.

The car accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, encourage motorists to use patience as we drive through the holidays and enter the height of tourist season, a time wrought with an increased number of visitors, snowbirds, tourists and others less familiar with our roads.

Crash rates and fatal crashes increase on a miles-driven basis starting at age 70 and rise substantially after age 80, according to the same study.

The study of 10-years of data from the Insurance Institute for Highway Safety said the overall decline in accidents among older drivers comes as the population of those over 70 increased by 10 percent. .

Reasons for the overall decline are unclear but another institute study suggests seniors are more often self-limiting their driving as they age and develop physical and cognitive impairments.

"The data doesn't allow us to point to any one reason why older drivers' fatal crash experience has improved," said Anne McCartt, author of the studies. "Some drivers may have benefited from newer and safer vehicles, and older people generally are more fit than in years past, with better access to health care."

There were 20 million licensed drivers over 70 -- 2 million more than a decade ago. And their chances of a serious accident per-mile driven remains high. As do the challenges of recovering from a serious accident.

"These trends have raised concerns about older drivers in fatal crashes," the report states. "Their fragility makes them vulnerable to getting hurt in a crash and then to dying from their injuries."

Three out of every four people who die in crashes involving older drivers are senior citizens, according to the report.

Continue reading " Chance of fatal crashes, serious accidents increase with age " »

A pair of motorcycle accidents in Fort Myers over the weekend serves as a stark reminder to motorists that bike-season is every season in Southwest Florida.

The motorcycle accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge motorists to use caution and watch for bikers on our roads -- the lack of afternoon rain in the winter often puts more bikes on the road as northern tourists and snowbirds hit the area from states where motorcycles have been stored for the winter.

In fact, research by www.flbikers.com shows a greater percentage of Floridians take to the road on their motorcycles than anywhere else in America and the state's half a million registered motorcycles is second only to California in total number of motorcycle owners.

"Our season remains open 12 months out of the year," said Frankie Kennedy, president of the Southwest Florida Chapter of American Bikers Aimed Toward Education. "Snowbirds and visitors have to become reacquainted with the realization that they are sharing roads with motorcycles."

A motorcycle accident with injuries was reported Monday afternoon in Estero on U.S. 41 at Williams Road. On Sunday, an 18-year-old Alva man was killed and a 16-year-old Fort Myers girl taken to the hospital in critical condition. The Florida Highway Patrol reported they were eastbound on State Road 80 approaching I-75 when their motorcycle collided with a car.

"In the last 30 to 45 days we have gone through a rash of bad wrecks," Kennedy said. "I was at a funeral Sunday."

Motorcycle riders also can benefit from frequently reviewing the basics of rider safety, which is available at www.flbikers.com. Meanwhile, Motorists need to take an extra moment of caution and remain aware, Kennedy said.

"They've got to be careful and watch out for them," he said.

Continue reading " Fort Myers motorcycle accidents prompt cry for caution, awareness " »

Drunk Drivers in Southwest Florida and across the nation face heavy enforcement launched this week to prevent drunk driving accidents, serious injury and death on our roads this holiday season.

Attorneys who represent drunk driving victims and everyone at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge motorists to act responsibly this holiday season and help prevent the tragic consequences of drinking and driving.

An $8 million national TV and radio ad campaign "Drunk Driving. Over the Limit. Under Arrest" will be complimented by stepped-up, high-visibility law enforcement using saturation patrols and sobriety checkpoints to help protect the millions of Americans traveling from now through the New Year's holiday, according to Mothers Against Drunk Driving.

"'Drunk Driving. Over the Limit. Under Arrest' isn't just a slogan, but a reflection of states' increasing intolerance of drunk driving," said Vernon F. Betkey Jr., chairman of the Governors Highway Safety Association. "No more excuses or exceptions. States are funding overtime enforcement, drunk driving checkpoints and saturation patrols to keep the roads safe during the holidays."

MADD reports travelers this year will share the roads with 2 million drunk drivers who have three or more convictions, including more than 400,000 with five or more convictions.

In Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres and elsewhere in Lee County, traffic enforcement will be heavy through the holidays, according to Brenda Gellinger of the Lee County Sheriff's Office and the local MADD Chapter.

"The holidays are particularly dangerous, when road travel is the heaviest and drunk driving increases," said Gellinger, noting a recent year saw 1,317 people killed in alcohol-related crashes between Thanksgiving and New Year. "Enforcement works: Aggressive enforcement of drunk driving laws reduces the number of people who lose their lives as a result of drunk driving. Research has shown that highly publicized, highly visible and frequent sobriety checkpoints reduce fatal drunk driving crashes by an average of 20 percent."

Continue reading " Southwest Florida drunk drivers face holiday crackdown " »

Testimony this week -- prompted by the defendant’s decision to plead to a dozen counts that could send him to prison for life – left even hardened courtroom veterans shaken as it laid bare the unfathomable consequences of a single tragic decision to drink and drive.

“This is probably the saddest case I have ever had,” Assistant State Attorney Marie Doerr said of the Jan. 14, 2007 crash near Fort Myers Beach that killed Jordy Martinez, 1, and Jesus Martinez, 6, while critically injuring their older brother, Juan Martinez and their mother Maria Bustamante. “There is no winner in this case. There is nothing to feel good about when we go home at the end of the day.”

George Butler, 34, pleaded no contest to 12 counts, including multiple counts of DUI manslaughter and DUI with serious bodily injury. He faces 30 years to life in prison unless Judge Margaret Steinbeck lowers the sentence at a hearing scheduled for Jan. 26 at 3:30 p.m.

“I am so sorry for what happened, Butler said. “If I could take it back, I would. I love kids.”

Defense attorney Sean O’Halloran said Butler pled to relieve the family from having to endure the anguish of a trial.

“It was because of the alcohol that he made the poor judgement,” Gellinger said, noting Butler hit several cars in the parking lot of the bar before racing off the beach. “He had numerous times where he could have stopped. He just kept going and it resulted in the death of two babies. There is no excuse.”

Assistant State Attorney Doerr said there is no way anyone can comprehend the anguish the family has endured.

“This is every parent’s worst nightmare,” Doerr said. “It’s actually beyond the nightmare – we have two dead children.”

Yet Maria Bustamante spoke to the judge with uncommon grace, saying she does not seek vengeance, only justice.

“We are all human beings. We the parents have been suffering and I know some other people have been suffering as well,” said Bustamante, acknowledging Butler’s parents. “I just want everything to be fair. I only request justice to be served.”

The State of Florida is set to receive $587,000 as part of a multi-state settlement with toy maker Mattel Inc. and its subsidiary Fisher-Price Inc. after allegedly producing toys with unacceptably high levels of lead paint.

The holidays are a time when we all bring new purchases into our homes. The defective product attorneys and product liability lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind you that companies have a duty to ensure that the products they market to consumers are free from defects that could cause serious injury or death.

Yet each year it is estimated more than 33 million people are injured by defective products at a cost to the economy of more than 800 billion.

In this instance, August 2007 to October 2007, the U.S. Consumer Product Safety Commission recalled 2 million of the company's toys, alleging they contained excessive levels of lead in accessible surface coatings.

Excessive levels of lead may cause a variety of health problems, from learning disabilities and behavioral problems, to seizures and death, according to the Environmental Protection Agency.

The agreement reached by the Attorney General requires better standards for accessible lead and applies to toys manufactured by the company after Nov. 30, 2008.

Continue reading " Florida tainted toy settlement a reminder of dangerous, defective products during holidays " »

Reducing deaths and injuries from car accidents in Southwest Florida, including Fort Myers, Naples and Cape Coral, is the goal of an enforcement blitz announced this week by the Florida Highway Patrol.

The auto accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge motorists to use extra caution on our roadways this holiday season and want you to know there are certain things you can do to protect your rights in the unfortunate event that you or someone you love is in an accident this holiday season.

The patrol has announced it will start a statewide traffic enforcement operation focused on speeding and aggressive drivers.

"The purpose of this traffic enforcement initiative is to reduce traffic- related deaths and injuries in Florida," said Col. John Czernis, director of the Florida Highway Patrol. The blitz has been dubbed Operation Safe Ride. "The Florida Highway Patrol will continue a zero tolerance police toward hazardous moving violations, such as speeding and aggressive driving."

The patrol announced it will use all available personnel for the operation, which will target violators by use of RADAR, LASER, motorcycles and marked and unmarked patrol cars. Troopers piloting FHP aircraft also will be used to target violators.

Enforcement will be focused on every Interstate, including I-75, Florida's turnpike and other major state roads.

Continue reading " Southwest Florida car accident prevention goal of increased enforcement " »

Associates and Bruce L. Scheiner, Personal Injury Lawyers, has again purchased dozens of holiday billboards urging motorists not to Drink and Drive this holiday season in an effort to reduce the number of drunk driving accidents throughout Southwest Florida.

"The holidays are a time people seem to drink more than other times of the year and we want to prevent the carnage on our roads," said Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury lawyers, which has been representing drunk driving victims throughout Southwest Florida since 1971.

Each year the firm purchases the boards in Cape Coral, Fort Myers, Naples, Port Charlotte, Arcadia, Sebring and Venice in an effort to help reduce the number of drunk driving accidents and holiday tragedies endured by drunk driving victims.

The statistics are sobering: The Fort Myers- Cape Coral area was recently named the deadliest area its size in the nation for teen drivers between Thanksgiving and New Year's. Thanksgiving ranks Florida's deadliest holiday for traffic accidents and is followed quickly by Christmas and New Year's, a 10-day stretch that is full of travel and celebration that too often leads to senseless tragedy.

"We want the public to be aware that drinking and driving is very dangerous and to use designated drivers and take other steps to ensure everyone has a safe holiday season," Scheiner said.

Continue reading " Accident attorneys spread holiday "Don't Drink and Drive" message throughout Southwest Florida " »

The motorcycle accident attorneys of Associates and Bruce L. Scheiner, Personal Injury Lawyers are partnering with the City of Cape Coral and the Southwest Florida Chapter of American Bikers Aimed Toward Education for a weekend of holiday biker events.

On Saturday Dec. 13 from 5 to 10 p.m. the firm once again partners with the City of Cape Coral to provide headline sponsorship of Cape Coral Bike Night, the areas premiere bike event featuring thousands of Southwest Florida bikers, food, merchandise and live entertainment in a family-friendly environment.

"The Cape Coral Bike Nights are the area's biggest and best outings for motorcyclists in Southwest Florida and we are pleased to be the primary sponsor," said Bruce Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury Lawyers.

"Fighting for the rights of motorcyclists has been one of our primary goals for 37 years and we look forward to promoting safety and awareness throughout the upcoming season," Mr. Scheiner said.

For more information on Cape Coral Bike Nights visit www.ccbikenight.com. You can also visit www.flbikers.com.

On Sunday Dec. 14 from 10 a.m. to 12:30 p.m., Associates and Bruce L. Scheiner, Personal Injury Lawyers, teams with Fort Myers Harley-Davidson and the Southwest Chapter of ABATE for the 28th Annual Christmas Run to Gulf Coast Center, a state-run facility for mentally challenged adults in Buckingham.

Thousands of motorcycles will depart Fort Myers Harley-Davidson on Colonial Boulevard at 12:30 p.m. to bring gifts to the residents. Registration begins at 10 a.m. and gifts can be dropped off at Harley-Davidson anytime, according to Frankie Kennedy, president of Southwest Florida ABATE.

"The Southwest Chapter is very pleased to announce that our Grand Marshall this year will be Bruce L. Scheiner," said Ken "Teddy Bear" Miller of ABATE. "Mr. Scheiner is a long-time supporter of our Christmas Run and a staunch advocate for motorcycle safety."

Bruce Scheiner said the firm has been involved in bringing holiday cheer to the residents for decades.

"This is a very worthy cause where the entire motorcycle community gets together to help," Mr. Scheiner said.

Continue reading " Fort Myers - Cape Coral motorcycle lawyers team with Southwest Florida bikers for weekend of events " »

Car accidents in Fort Myers and Cape Coral involving teen drivers made it the deadliest hotspot of its size nationwide for fatal accidents between Thanksgiving and New Year’s, according to a report released this week by Allstate Insurance.

The accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, encourage parents to sit down with teen drivers and review driver safety as we head into the holidays.

The areas with the highest number of holiday fatalities since 2000 were also in Florida – Tampa-St. Petersburg-Clearwater (59), Jacksonville (29) and Orlando-Kissimmee (39).

Fourteen fatal accidents involving teens have been recorded in Fort Myers- Cape Coral since 2000 – giving the area a holiday teen driving score of just 4 and making it the deadliest city of its size for holiday teen drivers. The Daytona Beach area was second by size with a driving score of 29 -- or seven times better than Fort Myers-Cape Coral.

The study also reported that over the past eight holiday seasons, teen drivers nationwide have been involved in more than 5,000 fatal crashes between Thanksgiving and New Year's.

Continue reading " Cape Coral, Fort Myers, deadliest for holiday teen car accidents. " »

Motor vehicle crashes are the leading cause of death for persons ages 15 to 24. Car accident attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want you to know Lee Memorial Hospital offers a free Young Driver Program.

"All too often young people don't recognize potential consequences without some tangible proof," according to program organizers. "The program will educate young drivers on different legal issues involved with driving and also how to stay focused on driving and the responsibilities that go along with the driving privilege."

The Young Drivers Program will be held at Lee Memorial Hospital in the auditorium once monthly. Class will be from 5:30 - 8:30 p.m. and is FREE to young drivers and their parents. To register for the program please contact Syndi Bultman (239) 336-6797.

Continue reading " Young Driver Program offered to prevent car accidents in Fort Myers, Lehigh Acres, Bonita Springs, Cape Coral " »

Motorcycle injury attorneys and the staff of Associates and Bruce L. Scheiner, Personal Injury Lawyers, have teamed up with the Southwest Florida Chapter of American Bikers Aimed Toward Education and Harley-Davidson/Buell of Fort Myers for the 2008 holiday run to the Gulf Coast Center – a state home for challenged adults in Buckinham.

The firm has been teaming with the motorcycle club to put on the event for more than 20 years.

“We bring the holidays to them every year,” said Frankie Kennedy, local ABATE president. “These are adult people who still believe in Santa Clause and he shows up on his Harley to hand out presents.”

With about 1,000 friends – more than 600 motorcycles made the drive last year from Fort Myers Harley Davidson to the Buckingham facility with presents strapped to their bikes, including Lee County Sheriff Mike Scott, Florida Senator Dave Aronberg and attorney Bruce Scheiner.

“They love to see the motorcycles,” said Michael Mayfield, the home’s administrator. “For that hour or two everybody gets together and kind of becomes as one.”

Mayfield said many of the residents have no family in the area.

“It’s really the thought that counts,” Mayfield said. “We really appreciate everything that everybody does for this gala event. It’s really wonderful. You see everybody from all parts of life and all walks of life just getting together and giving back.”

The Motorcycles depart Fort Myers Harley-Davidson on Colonial Boulevard at 12:30 p.m. on Sunday Dec. 14, 2008. Registration begins at 10:30 a.m. Participants are asked to bring gifts to brighten the holidays for the 50 men and 30 women of the home.

Presents may also be dropped off anytime at Harley-Davidson/Buell of Fort Myers, 2160 Colonial Boulevard, Fort Myers.

Much needed and appreciated items include:
- Adult sleepwear and slippers
- Pillows, blankets
- Bath towels
- Shoes, shirts, blouses, dresses, pants, socks and watches
- Games and arts and craft items
- CD Players and radios
- Dental floss, brushes, toothpaste and toothbrushes
- Other personal care items like cologne, deodorant, etc.

The home respectfully requests people not donate stuffed animals or other toys as they are not age appropriate.

Continue reading " Fort Myers - Cape Coral motorcycle attorneys partner with Southwest Florida bikers to provide holiday cheer " »